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Charged with Resisting Arrest in Monroe County 1st District Court - Felony Attorney

7/11/2023

 

Resisting Arrest in Monroe County Michigan: Understanding the Law and Adopting a Growth Mindset

​Being charged with resisting arrest in Monroe County especially for the first time, can feel overwhelming and cause you to question your character. However, a charge does not make you a criminal or a bad person. As an attorney, I encounter clients daily who have never previously been involved with law enforcement or engaged in violent behavior. It is indeed quite common for good individuals to find themselves in unfortunate situations, resulting in charges like resisting arrest in Monroe County.

Resisting arrest in Monroe County Michigan is legally defined as when an individual "assaults, batters, wounds, resists, obstructs, opposes or endangers a person who the individual knows or has reason to know is performing his or her duties." This felony carries a penalty of up to two years in prison.

However, if the police officer is injured during the incident and requires immediate medical attention, the offense becomes a four-year felony. Further, if the police officer suffers a serious impairment of a body function, the offense escalates to a 15-year felony. And, if the incident causes death to a police officer, the accused could face up to 20 years in prison.

In recent years, Michigan prosecutors have become more assertive in charging individuals with resisting arrest even in situations where the charge may not have been levied in the past. One could argue that many arrests have elements of resisting, obstructing, or opposing, but these crimes are not always charged. Some prosecutors might offer leniency by only charging the defendant with attempted resisting arrest, converting the crime from a felony to a misdemeanor.

Another common prosecution strategy involves charging a string of misdemeanors along with felony resisting arrest. The intention here is to use the dismissal of the felony charge as a bargaining chip to get the defendant to plead guilty to the misdemeanors. While the dismissal of a felony might seem like a great result, having multiple misdemeanors on your record can prevent you from expunging your record at a later date.

If you're facing a charge of resisting arrest, it's vital to approach the situation with a growth mindset. This means acknowledging the gravity of the situation while remaining open to learning from the experience and growing as an individual. It's essential not only to navigate the legal complexities of your case but also to understand the behavioral changes necessary to prevent future entanglements with the law.

Fighting a resisting arrest charge isn't just about legal tactics and courtroom strategies—it's also about character development and personal growth. By embracing a growth mindset, you can turn a challenging situation into an opportunity for self-improvement, and I am here to help guide you through that journey.

​Honorable Michael C. Brown
Honorable Amanda L. Eicher
Honorable Christian J. Horkey

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